be heard, both rights enshrined in the Convention on the Rights of the Child. It adds that on November 7, 2017,
the request for restoration of ties between the child D and his father was approved and such a plan was again
established, a decision that remains in full effect.
28.
It maintains that, safeguarding the protection of the family, it has made different proposals for restoring
ties between the child and Mr. Córdoba, but it has not been possible reach agreement with the father. It concludes
that it did not seek to disregard Mr. Córdoba’s rights; rather, at all times it had respected the principle of the
child’s best interest, taking into account that at the time that the child D was found, the factual circumstances had
changed and, therefore, were he to be returned, it could lead to irreversible emotional consequences, considering
that 13 years had now gone by.
III.
DETERMINATIONS OF FACT
A.
Relevant normative framework
29.
Article 54 of the Constitution of Paraguay establishes “child protection” as follows:
Family, society, and the State have an obligation to guarantee the child’s harmonious integral
development, and the full exercise of his or her rights, protecting him or her from
abandonment, malnutrition, violence, abuse, trafficking, and exploitation. Anyone may
request the competent authority to fulfill these guarantees and to ensure that infractors are
punished. In case of conflict, the rights of the child shall take precedence.
B.
Facts
30.
On February 26, 2004, the child D was born, to Mr. Córdoba, an Argentine national,5 and his wife, Mrs.
M.R.G.A., a Paraguayan national. 6 D was born in Argentina in Argentina7 . D is an Argentine national8 and was
diagnosed at 10 months with epilepsy, requiring neurosurgical check-ups.9 On January 21, 2006, D. was taken
from Argentina, without his father’s consent, from the family home in Argentina to Paraguay.10
31.
Mr. Córdoba reported the facts to the Fifth Police Station of Moreno, Buenos Aires Province, to which
responded Prosecutor’s Office No. 5 of Mercedes, Buenos Aires Province, the body that requested an international
search warrant for “child abduction and concealment.”11 Also responding was the First Juvenile Court, Buenos
Aires Province, which opened case 6812, “C.G.D.A.Y. S/International Return.”12 On January 25, 2006, Mr. Córdoba
filed a request for international return of the child D with the Department of International Judicial Assistance of
the Ministry of Foreign Affairs of Argentina, central authority designated for application of Inter-American
Convention on the International Return of Children.13
32.
On February 26, 2006, the Ministry of Foreign Affairs and Worship of Argentina submitted to the National
Secretariat for Children and Adolescents, in its capacity as central authority of Paraguay, a request for return of
the child D.14 On April 10, 2006, the National Secretariat for Children and Adolescents of Paraguay filed a petition
Annex 1. National Identity Document of Arnaldo Javier Córdoba. Petitioner’s submission of September 12, 2011.
Annex 2. “Files a Complaint.” Submission from Arnaldo Córdoba to Senator of the Nation of Argentina Carlos Rossi. Petitioner’s
submission of September 12, 2011.
7 Annex 3. Extract of the birth certificate of child D. Petitioner’s submission of September 12, 2011.
8 Annex 4. Motion to Vacate.” Submission signed by the Duty 6 Defender for Children and Adolescents, August 4, 2006. Petitioner’s
submission of September 12, 2011.
9 Annex 5. Medical assessment of Posadas National Hospital. Petitioner’s submission of September 12, 2011.
10 Annex 6. “Busca a su hijo que se lo llevó su madre a Paraguay,” [Looking for his Son Taken by His Mother to Paraguay] Diario El
Comercial. Petitioner’s submission of September 12, 2011.
11 Annex 2. “Files a Complaint.” Submission of Arnaldo Córdoba to Senator of the Nation of Argentina Carlos Rossi. Petitioner’s submission
of September 12, 201.
12 Petitioner’s submission of August 9, 2019.
13 Amicus curiae brief submitted by the Republic of Argentina, dated October 22, 2009.
14 Petitioner’s submission, enlarging on the report and requesting precautionary measures, dated April 18, 2018.
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